November 19, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

NOVEMBER 19, 2012

7:00 P.M.

 

Brewster Village Council met in regular session with Mayor Mike Schwab presiding.

 

7:00 P.M. – CALL TO ORDER

 

Council Members bowed their heads for the invocation provided by Clerk-Treasurer K. Kris King followed by the Pledge of Allegiance.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to excuse Council Member Godwin from tonight's meeting due to illness.  The vote: All yes.

 

MEMBERS PRESENT:

Mike Schwab, Mayor

Sherri Bichsel, Council Member

Dave Duff, Council Member

Tom Hilliard, Council Member

Jay Huff, Council Member

Steven Tharp, Jr., Council Member

 

VILLAGE OFFICIALS PRESENT:

Steve Hartman, Village Administrator

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

Jen Mohler, Fire Captain

Rick Patterson, Fire Chief and Street Superintendent

Harry Porter, Police Chief

 

MINUTES FROM THE NOVEMBER 5, 2012 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the November 5, 2012 Council meeting minutes.  There were none.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the minutes.  The vote: All yes.

 

PRESENTATION OF BILLS:

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to accept the bills for the amount of $ 310,795.55.  The vote: All yes.

 

Council Member Hilliard asked if the Menards bills for the attic were being taken out of the $8,000 allocated for the ADA restroom.  Clerk King stated the funds for the attic came out of General-Capital Outlay.

 

AUDIENCE:

No one in the audience spoke.

 

The following residents were present: Dale Fox, Louie Carroll, Ray and LaVonne Heitger, and Linda Taylor.

 

 

 

CONSIDERATION OF ORDINANCES:

ORDINANCE 36-2012: An ordinance authorizing the renewal of contract with Attorney Larry Chapanar as Village Prosecutor was given third reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Ordinance 36-2012 as read.  The vote: All yes.

 

Mayor Schwab stated Attorney Chapanar has not asked for an increase for many years.

 

RESOLUTION 37-2012: A resolution employing Attorney Al McCallin as Village Solicitor for two years was given third reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution 37-2012 as read.  The vote: All yes.

 

An ordinance adjusting the base wage and certain benefits of Village employees (2% increase for 2013) was given third reading. 

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER DUFF to pass the ordinance as read.  Council Member Hilliard stated he was looking out for the 5th fulltime officer.  Maybe look at bonuses at the end of the year if funds are available.  Employees have received raises the last three years and Council has lowered the cost of insurance so he cannot support this with the way the economy is going.  Council Member Huff thinks it needs more discussion and some changes made.  He wants two or three more meetings to discuss it.  He would like it tabled at this time.  Council Member Tharp stated he has had a skeleton of the ordinance for how long.  He wants to put it to a vote.  Mayor Schwab asked if they wanted the amendments that were discussed at the committee meeting.  If so, they should be read into the record. 

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER DUFF to amend the proposed ordinance to state that part time employees are not eligible for jury duty, bereavement, or time off for voting.  Holiday pay will only be paid after fifteen continuous weekdays are worked.  Any required stipends are to be rolled into superintendent pay rates.  Rank stipend be rolled into officers pay rates.  The police uniform allowance increased from $480 to $500.  Paramedic uniform allowance reduced: fulltime from $450 to $300 and part-time from $250 to $150 with the Fire Chief putting specifications on the uniforms.  Raise the meeting rate for the fire department from $10 to $12 and standby pay from $3 to $5.  Add a stipend of $1,000 for a neighborhood watch officer contingent on the Chief, Mayor and Watch Coordinator's specifications.

 

The vote on the amendments: Tharp, no; Bichsel, yes; Duff, yes; Hilliard, no; Huff, yes.  The motion passed.

 

The vote to pass the ordinance as amended: Tharp, no; Bichsel, yes; Duff, yes; Hilliard, no; Huff, no.    The motion fails.

 

Council Member Huff wanted to discuss the change order.  This outfit underbids then charges later.   VA Hartman stated he reviewed materials and there was additional milling.  He stated there has never been a paving project that didn't run over.

 

A Resolution authorizing a three year contract with LOGIC/RED Center for dispatching of Police and Fire Departments was given second reading.

 

A Resolution of Temporary Appropriations was given first reading.

 

An Ordinance of Supplemental Appropriations for the Fiscal Year Ending on December 31, 2012 was given first reading.

 

An Ordinance Transferring Funds from the General Fund to the Fire Fund was given first reading.

 

An Ordinance setting Compensation for Village's Elected Officials for 2013 (Village Clerk a 2% increase; Council and Mayor no increase) was given first reading.

 

An Ordinance authorizing payment on the Electric/OMEGA JV2 note ($290,000 on principal, interest, legal fees, and bond study) was given first reading.

 

An Ordinance authorizing a Change Order for the 2012 Street Improvement Project of $6,019.64 was given first reading.

 

An Ordinance authorizing a 35mph speed limit on Route 62/Navarre Rd SW in front of the Fairless Middle and High Schools was given first reading.

 

A Resolution authorizing a grant application to ODNR NatureWorks Program for a gazebo project for BimelerPark was given first reading. 

 

A Resolution opposing sections of HB601 that affect Ohio municipalities adversely and declaring an emergency was given first reading.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion failed to suspend the rule requiring three separate readings and bring forth the resolution for passage.  The vote: Tharp, no; Bichsel, yes; Duff, yes; Hilliard, yes; Huff, yes.

A super majority is required to suspend the rules.

 

Council Member Huff asked how many of Council had actually read the bill.  He stated that it was not all bad.  Mayor Schwab stated that the resolution does not oppose the entire bill but just the parts that would cost the Village revenues and the centralized collections.  Solicitor McCallin stated he used to work for the state in collections.  He once had to send collection letters out for money that was owed for fifteen years that the residents were not aware of plus the interest and penalties.  He says it is a matter of local control.  VA Hartman stated he fills out approximately 400 to 500 returns a year for Village residents.  He also corrects the ones that have errors and lets the resident know.  The Village also lets residents make payments without interest or penalties if arrangements are made.  VA Hartman stated this will not happen with the state.

 

Boy Scout Trent Miller and his mother, Hollie came in at 7:18pm.  Mayor Schwab asked if they had anything to report on the Eagle Project.  Trent wanted to know what color Council wanted the barn painted.  Council Member Duff said Fairless colors.  Mayor Schwab instructed VA Hartman to pick up the paint.  Trent said the project has been challenging.  Ms. Miller was concerned about whether they could paint in this weather.  It was stated as long as it is above 50 degrees.  If the weather doesn't cooperate, they will paint it in the spring.  Council was fine with waiting until spring.  Mayor Schwab offered to provide a letter to the Eagle Scout Council stating that the project was completed to allow Trent to finish his Eagle Scout project in 2012.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Chief Patterson is recommending hiring Roger Carpenter, Jr. as a part time paramedic pending a physical, background check, and drug screen.

 

Both the Fire Department and the Police Department are working on creating response teams for Fairless Schools.  Council Member Huff asked Chief Porter what would be needed.  Chief Porter stated they may need training equipment, some additional equipment for the response team members and possible overtime for the training.

 

Council Member Huff asked if Roger Carpenter doesn't pass his tests that he can't work for the village and he has already been reimbursed for his classes.  He stated he should not have been reimbursed until his background and drug tests and physical were complete.

 

Council Member Duff questioned what happened to #155.  The plastic oil filter broke in front of the hardware and leaked out to the dairy.  Captain Mohler stated that the police responded quickly to the oil leak and then they continued to respond to the call.  The oil was cleaned up with oil dry.  Chief Patterson stated he going to have an aluminum filter put on to replace the plastic one.  Officer Truman also was very helpful in helping her unload the equipment from the squad to her car.  On a side note, the heart attack victim told her the ambulance had a smooth ride.

 

Chief Patterson reported on the SugarcreekTownship meeting he attended.  They estimate that they are losing $15,000 in tax revenue.  This could reduce our contract money by $7,500 a year.

 

Police Department: Chief Harry Porter

Chief Porter is recommending hiring Aaron Keener of Canton and Joshua Parr of Canton as part time patrolmen pending a physical, background check, and drug screen.  It was explained that the Mayor makes his recommendation for Council's approval.

 

Heads up: Fairless Supt. Bidlack has requested the Police Department modify the School Officer's hours to 7am - 11am; he also offered praise for Officer Truman and asked that he continues as School Officer; the hours have been changed.

 

SOLICITOR: Attorney Al McCallin

Wrote a joint use agreement for the police department.

 

COMMUNICATIONS:

Stark CountyCommissioners: Municipal Road Fund application due 01/31/2013; VA to provide recommendation.  Eligible village roadways: East and west Elton and East and west Seventh.

 

Council Member Bichsel stated she was told an employee had asked a council member if they were getting turkeys and was told they could not afford it.   She said shame on that council member.

 

Council Member Hilliard reported that 204 children received gifts through the toy drive and 190 families were serviced at the Food Cupboard.  Council will be receiving a thank you letter in the mail for their donation.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Street:

The department has been picking up leaves.

 

Central Allied has finished the paving project.  A change order in the amount of $6,019.64 will be needed.  The edges will need to be sealed.  Contract to be signed by Village, Engineer, and Contractor.

 

The storage area in the Village Hall attic is progressing. 

 

Sewer:

We have issues with the sewer line on East Second Street from Wabash Ave to Cleveland Ave.  We televised the line and found extensive problems that cannot be repaired by relining the line..  A rough estimate to dig up and replace is $50,000.  We are trying to get a more accurate cost.

 

Electric:

The Department is working on a line at the railroad.  We are waiting on the metering.

 

The Electric garage is progressing.  The plumbing is in.  The next step is pouring the floor.

 

Village:

Dwight Niederkrofler of GPD Engineering is getting an estimate for solar panels on the Village offices.

 

Council Member Huff stated he has heard the story of the nine wooden plugs before.  If it needed fixed it should have been fixed last May when LakeCounty was here.  VA Hartman stated not all of the problems fixed last year for the $5,000 were on 2nd Street, only a small portion.

 

Council Member Hilliard said the tires need moved that were dumped down at the boy scout building.  VA Hartman stated the only way to stop whoever is dumping them is to video them and then prosecute.  They are actually stacking them in front of the no dumping sign.  Council Member Duff said he would get quotes for security camera set ups.

 

MAYOR’S REPORT:

Update: NatureWorks/ODNR Grant application deadline has been moved back; application is 38 pages with a 44 page procedural guide; concentrating on Gazebo initially.

 

Update Proposed PD garage: Information from Architect Jeff Day - 24' x 36' garage addition estimate = $ 120,000, an optional 4th bay/sallyport estimate = $ 54,000; Architect fee for the project = $ 14,500.

 

Proposal: An ordinance that restricts the parking of commercial and recreational vehicles and trucks on residential streets (Council copy of examples) Chief Porter asked to review.  Mayor Schwab will have a draft for Council's consideration in the near future.

 

First Energy has provided notice that they will be surveying proposed distribution line routes within the Village between 11/15 and 12/15; Louis Berger Group is their contractor; PD advised.

 

Online Poll Results: Should Village Council contract for one trash hauler for all residents? 136 votes - 70 yes (51%) / 66 no (49%).

 

Current online poll: Should Trick or Treat be on the traditional weekday from 6 to 7:30 pm or weekend day in late afternoon, 4 to 5:30pm?  Runs through 01/16/2013.  Asked Council for any suggestions for future polls.

 

VILLAGE CLERK-TREASURER’S REPORT:

Remind Council to look over and sign the check register on the table.

 

New Investment Policy is ready.

 

Need Solicitor McCallin to write a petition to Stark County Common Pleas Court for the transfer to the Ambulance Replacement Fund.  I also have to write a letter stating        the intent for the money is same and where the money came from.  This has to be sent to the Tax Equalization Department for their review and determination.

 

The Bond Feasibility Study is complete for 2013.  No word on our new interest rate.

 

Council Member Hilliard asked where we were with the Sewer Project.  It was all rushed to get things passed and haven't heard anything since.  VA Hartman stated the next step is to determine how it is going to affect rates.

 

"VILLAGE SPEAKS"

Council Member Tharp read an email off of his cell phone from an employee from W E Quicksall and Associates concerning getting grants for the park projects.  There was a discussion of the cost of having grants written.  Mayor Schwab has volunteered to do it.

 

COMMITTEE OR COUNCIL REPORTS:

Parks and Grounds Committee meeting minutes from 11/05/2012.

 

Employee Committee meeting report from this evening by Council Member Bichsel: Updated the proposed 2% increase.  Went to vote and did not pass. 

 

Former Councilman George Patterson has tendered his resignation from the Tree Board effective 01/01/2013.

 

            Note: The Goal of any committee meeting is to discuss an issue or proposal and to             provide by a consensus of the committee members a recommendation to Council.

 

Reminder: Council's FEMA training available at http://training.fema.gov/EMIWeb/IS/is908.asp; it is an hour course. 

 

EXPENDITURE REQUESTS from past Meetings:

None.

 

PENDING PROPOSALS from past meetings:

Elton Street/N. Wabash   Avenue Intersection Upgrades-awaiting proposal costs from Engineering Associates.

 

Police Garage proposal: See above estimates for Architect Jeff Day's estimates.

 

Community Area Reinvestment Area (CRA); Suggested modifications from the Mayor being reviewed by Economic Development Committee; Mayor would ask that they also look at Commercial plan changes.

 

A Village Social Media Policy from the Mayor; referred to the Employee Committee.

 

Alley and Street Opening Procedures draft from Mayor (referred to Street Committee).

 

On Call schedule for the Electric Utility

 

OLD/NEW BUSINESS:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to schedule an Economic Development meeting for the Council of the Whole on December 17, 2012 at 6pm to tie up loose ends on the Community Reinvestment Area.  The vote: Tharp, Yes; Bichsel, yes; Duff, no; Hilliard, yes, Huff, yes.  Council Member Duff stated with all the cuts the Village and schools have received, he cannot vote for more cuts.  Council Member Tharp stated he went back to see if what Duff said was true and it wasn't.  He explained how it would not affect the schools. 

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hire Aaron Keener and Joshua Parr as part-time officers pending successful physical exam, drug screen, and background checks.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an investment policy.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to hire Roger Carpenter, Jr. as part-time paramedic pending successful physical exam, drug screen, and background checks per the Chief's and Mayor's recommendation.   The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up a resolution of necessity for a replacement fire levy.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:20pm.

 

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, Village Clerk-Treasurer

 

 

 ___________________________________

Mike Schwab, Mayor

 

 

 

 

State Web Site shows Brewster's State legislators are Rep Marilyn Slaby (District 38) & Scott Oelslager (District 29).

 

 

HAPPY THANKSGIVING!!!